TDRL Rating Increase Question

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carlct027

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Registered Member
In Feb 2023 I was medically retired at 50% for PTSD; in Sep 2023 I appealed my rating with the VA and got 70% for PTSD. From my understanding, the DoD is going to bring me in for re-evaluation (sometime in Sep 2024) in order to add me to the PDRL. Will I be added to PDRL with the 50% that I left the Army with, the 70% that im currently rated at with the VA, or frankly just whatever the evaluator determines based on the meeting in Sep 2024?

Is there anything I can do to advocate for getting the 70% PDRL?

I cannot get a straight answer from the TDRL branch. If I hear back from anyone, I'll have some follow up questions. Thanks in advance for the support
 
Yeah, this is a huge issue.

Here's an excerpt from a lawsuit I filed:

DoD Manual (“DoDM”) 1332.18, Volume 1, proscribes the process for adjudicating IDES cases. Included in the regulation is a description of the process to be followed in TDRL cases:

“10.4. TDRL REEVALUATION. VA will conduct exams and prepare rating decisions for veterans who were temporarily retired for disability in accordance with VA laws and regulations. VA will provide a copy of the most current rating and the medical evidence upon which the most current rating is based in accordance with Section 7332 of Title 38, U.S.C. If VA does not provide examination and rating information sufficient to adjudicate the veteran’s case or if the most recent VA exam is older than 18 months, the Military Department will execute required TDRL examinations and ratings in accordance with Title 38, CFR.” Id. (Emphasis added).

DoD Instruction (“DoDI”) 1332.18 states:

“9.2. TDRL RE-EVALUATION. The TDRL will be managed to meet the requirements for periodic disability examination, suspension of retired pay, and prompt removal from the TDRL pursuant to Chapter 61 of Title 10, U.S.C., including reexamining temporary retirees at least once every 18 months to determine whether there has been a change in the disability for which the member was temporarily retired. For Service members diagnosed with behavior disorders because of traumatic stress, the reexamination will be scheduled within 6 months from the date of placement on the TDRL, but completed no earlier than 90 days after placement on the TDRL.

A. Initiating the TDRL Re-evaluation Process. (1) No later than 16 months after temporarily retiring a Service member for disability or after their previous re-evaluation, the Military Department will obtain and consider available DoD medical treatment documentation, VA or veteran-provided medical treatment documentation or the disability examination that occurred within 16 months of the member being placed on the TDRL, and rating documentation.” Id. (Emphasis added).
 
Mr. Perry,

Thanks for writing back. I have an update. Today I spoke with a VA representative who "accidently" mentioned that an internal VA memo was sent out the day before my percentage was increased stating that "I would be removed from ROUTINE RE-EXANINATIONS". This suggests that the VA is aware of my position and are intentionally stonewalling me from receiving a re-examination that could confirm my current ratings as static. I put in a FOIA for the memo. I'll keep posting updates for others who are going through this.
 
carlct027 said:
Mr. Perry,

Thanks for writing back. I have an update. Today I spoke with a VA representative who "accidently" mentioned that an internal VA memo was sent out the day before my percentage was increased stating that "I would be removed from ROUTINE RE-EXANINATIONS". This suggests that the VA is aware of my position and are intentionally stonewalling me from receiving a re-examination that could confirm my current ratings as static. I put in a FOIA for the memo. I'll keep posting updates for others who are going through this.
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I was retired at 70% PTSD and placed on TDRL. I was 100% P&T from the VA so no reexamination from the VA even for the PTSD - I had 100% in static injuries in addition to the PTSD. That means my re-exam was left up to the Army. I did a 40 minute phone interview with Fort Lewis (I live in California). I was then moved to PDRL at 70%. That exam and my VA records is what the PEB used to determine the final rating.
 
Jason Perry said:
Yeah, this is a huge issue.

Here's an excerpt from a lawsuit I filed:

DoD Manual (“DoDM”) 1332.18, Volume 1, proscribes the process for adjudicating IDES cases. Included in the regulation is a description of the process to be followed in TDRL cases:

“10.4. TDRL REEVALUATION. VA will conduct exams and prepare rating decisions for veterans who were temporarily retired for disability in accordance with VA laws and regulations. VA will provide a copy of the most current rating and the medical evidence upon which the most current rating is based in accordance with Section 7332 of Title 38, U.S.C. If VA does not provide examination and rating information sufficient to adjudicate the veteran’s case or if the most recent VA exam is older than 18 months, the Military Department will execute required TDRL examinations and ratings in accordance with Title 38, CFR.” Id. (Emphasis added).

DoD Instruction (“DoDI”) 1332.18 states:

“9.2. TDRL RE-EVALUATION. The TDRL will be managed to meet the requirements for periodic disability examination, suspension of retired pay, and prompt removal from the TDRL pursuant to Chapter 61 of Title 10, U.S.C., including reexamining temporary retirees at least once every 18 months to determine whether there has been a change in the disability for which the member was temporarily retired. For Service members diagnosed with behavior disorders because of traumatic stress, the reexamination will be scheduled within 6 months from the date of placement on the TDRL, but completed no earlier than 90 days after placement on the TDRL.

A. Initiating the TDRL Re-evaluation Process. (1) No later than 16 months after temporarily retiring a Service member for disability or after their previous re-evaluation, the Military Department will obtain and consider available DoD medical treatment documentation, VA or veteran-provided medical treatment documentation or the disability examination that occurred within 16 months of the member being placed on the TDRL, and rating documentation.” Id. (Emphasis added).
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Sir

I contacted Ed Mercanti and explained him my situation, he suggest me to talk to you. Please advice.
Regards
 
Feel free to reach out—my contact information is in my profile, or you can go to www.peblawyer.com, and my Legal Assistant, Ms. Martinez, will be happy to set up a time to talk.
 
I tried to send you a message on Monday, May 13th , but it gave an error that said: " You may not start a conversation with the following recipient: Jason Perry"
 
Ok. I read your profile (very interesting, btw) and I found what you were referring to, I got your contact information now. I'll be reaching you soon. Thank you for your prompt response.
 
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